Constitution of India, 1950, Article 226 -- Writ appeal - Conditions that need to be satisfied before a person is entitled to maintain an appeal are: (i) that appealing party has been a party in proceedings from which appeal has arisen; (ii) that definitive and conclusive ruling of High Court on rights of parties in dispute is the subject of appeal; and (iii) that he is a..........
Civil Procedure Code, 1908, Section 152 -- Amendment/correction of decree - When error in decree was being pointed out and even if trial Court came to conclusion that application is wrongly captioned but if objection was there and there was error in decree, then trial Court was under obligation to correct error in decree before it being finally signed...........
Civil Procedure Code, 1908, Section 152 -- Amendment/correction of decree - When decree has been finally signed, objections u/s 152 CPC would be maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to be introduced in relation to partition decree is neither relevant nor bona fide - Same has been sought to be introduced at a belated stage without providing any justifiable explanation for delay - Amendment application rightly rejected qua partition..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Proposed amendment regarding subsequent sale after passing of ex parte decree and before ex parte decree was set aside - Amendment was sought immediately after restoration of suit - It cannot be said that there was absence of due diligence or any gross delay - Even..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Ex parte decree - Recovery suit - Execution of ex parte decree was stayed with condition of furnishing security/bank guarantee equal to decreetal amount - Said order has sufficiently secured interest of plaintiff against any uncertainty regarding recovery of decreetal amount - Imposition of such condition..........
Agreement to sell -- Suit for specific performance - Vendor is a necessary party in a suit for specific performance of an agreement for sale, notwithstanding that he has transferred his interest in property to a third party - A suit or an appeal emanating from such a suit would abate if upon death of vendor, his legal heirs/LRs are not substituted...........
Agreement to sell -- Suit for specific performance - Transferee lis pendens - Not a necessary party - However, a transferee lis pendens may pursue appeal against a decree of specific performance against vendor, as a legal representative/inter-meddler of estate of vendor - But, having regard to nature of decree that is required to be passed in a suit for specific..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Abatement of suit - Non-substitution of LRs - Before declaring a suit or proceeding to have abated on ground of non-substitution of heirs/LRs of a deceased party, Court must examine whether interest of deceased party qua subject matter of proceeding is sufficiently represented by other parties already on record - If..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Abatement of appeal - Appeal does not automatically abate due to non-substitution of LRs of deceased party if estate of deceased is sufficiently represented on record...........
